N.C. Gen. Stat. » Chapter 163
NC General Statutes

N.C. Gen. Stat. § 163-87 (2026)

Challenges allowed during early voting and on day of primary or election

✓ current as of July 2026
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On the day of a primary or election, or during the hours for early voting under Part 5 of Article 14A of this Chapter, at the time a registered voter offers to vote in person, any other registered voter of the county may exercise the right of challenge, and when the voter does so may enter the voting enclosure to make the challenge, but the voter shall retire therefrom as soon as the challenge is heard.

On the day of a primary or election, or during the hours for early voting under Part 5 of Article 14A of this Chapter, any other registered voter of the county may challenge a person for one or more of the following reasons:

(1) One or more of the reasons listed in G.S. 163-85(c).

(2) That the person has already voted in that primary or election.

(3) If the challenge is made with respect to voting in a partisan primary, that the person is a registered voter of another political party.

(4) Repealed by Session Laws 2018-144, s. 3.1(c), effective December 19, 2018.

(5) The registered voter does not present photo identification in accordance with G.S. 163-166.16.

The chief judge, judge, or assistant appointed under G.S. 163-41, 163-42, or 163-166.35 may enter challenges under this section against voters in the precinct or at the early voting site for which appointed regardless of the place of residence of the chief judge, judge, or assistant.

If a person is challenged under this subsection, and the challenge is sustained under G.S. 163-85(c)(3), the voter may still transfer that voter's registration under G.S. 163-82.15(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163-90.2(a) if the transfer is made. A person who has transferred that voter's registration under G.S. 163-82.15(e) may be challenged at the precinct to which the registration is being transferred. (1915, c. 101, s. 11; 1917, c. 218; C.S., s. 6031; 1921, c. 181, s. 6; 1923, c. 111, s. 14; 1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s. 2; c. 1203, s. 7; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1985, c. 563, ss. 11.4, 14; 1987, c. 408, s. 7; 1993 (Reg. Sess., 1994), c. 762, s. 26; 1995 (Reg. Sess., 1996), c. 734, s. 4; 2006-262, s. 3(a); 2009-541, s. 16.1(b); 2013-381, ss. 2.9, 20.2; 2017-6, s. 3; 2018-144, s. 3.1(c); 2018-146, s. 3.1(a), (b); 2023-140, s. 13(a).)

 

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1979–2024 · leading case: North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016).
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North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016). · cites it 2× “2 (codified at N.C. Gen. Stat. § 163-87 ). During early voting, any resident of the State may now file a challenge.”
League of Women Voters of North Carolina v. North Carolina, 769 F.3d 224 (4th Cir. 2014). “2 (codified at N.C. Gen.Stat. § 163-87)). And during early voting, any state resident may now challenge ballots.”
Lloyd v. Babb, 251 S.E.2d 843 (N.C. 1979). “Challenges to the right of a person to vote may also be filed on the day of a primary or general election under the procedures set out in G.S. 163-87. Again under these provisions, determinations are to be made on an individual basis and an opportunity for hearing before the…”
North Carolina State Conf. of the Naacp v. Cooper (M.D.N.C. 2019). · cites it 5× “(c); N.C. Gen. Stat. § 163-87 . When a challenge is entered, precinct officials must “explain to the challenged registrant the qualifications for registration and voting[,] .”
North Carolina State Conf. of the Naacp v. Cooper (M.D.N.C. 2019). · cites it 5× “(c); N.C. Gen. Stat. § 163-87 . When a challenge is entered, precinct officials must “explain to the challenged registrant the qualifications for registration and voting[,] .”
James v. Bartlett, 607 S.E.2d 638 (2005). “§ 163-85(c)(3) (2003) (allowing that any voter may be challenged on the basis that he does not live in the precinct where he attempts to vote); N.C.G.S. § 163-87 (2003) (providing that on the day of a primary or election, at the time a registered voter offers to vote, any other…”
Bouvier v. Porter (N.C. 2024). “§ 163-87(2). Once a citizen files a protest, the county board of elections determines whether the alleged irregularity actually occurred, and if so, what remedy is necessary.”
— N.C. Gen. Stat. § 163-87(2) — 1 case
Bouvier v. Porter (N.C. 2024). “§ 163-87(2). Once a citizen files a protest, the county board of elections determines whether the alleged irregularity actually occurred, and if so, what remedy is necessary.”
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